Section 4(3)
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Primary Schools (Taking Over) Act, 1974
Section 3(2)(b)
দি রেজিস্ট্রেশন অব প্রাইভেট
স্কুল এমেন্ডমেন্ট, ১৯৮৯
ধারা ৪(৩)
Appointment in the nationalized primary School–– Considering the
materials on record the High Court Division made the Rule Nisi absolute
directing the writ respondents to absorb the petitioners after scrutiny in
accordance with the directions contained in the gazette notification dated
17.01.2013 (published on 20.02.2013). Once absorbed, their service benefits
will be given effect to from 01.01.2013, as that is the mandate of the said
Gazette dated 01.07.2013 as published on 10.07.2013, in view of the
entitlement of the petitioners under Section 3(2)(b) of the said Act. The
government is also directed to issue necessary order in this regard in view
of Rule 4(ka) of the said Rules. The respondents are directed to complete
the said absorption process within 3(three) months from the date of receipt
of the copy of this judgment and not to recruit any other teacher until
recruitment of the petitioners is complete as aforesaid.
The writ petitioners-respondents have failed to prove that they were
legally appointed by the school authority and their names were recommended
by the উপজেলা যাচাই-বাছাই কমিটি
and, as such, no legal and vested right has been created in favour of the
writ petitioners to get appointment in the nationalized primary school. The
High Court Division committed error in passing the impugned judgment by
giving direction to absorb the writ petitioners after scrutiny in
accordance with the directions contained in the gazette notification dated
17.01.2013 (published on 20.01.2013) and once absorbed, their service
benefits will be given effect to from 01.01.2013. ––Appellate Division
is inclined to interfere with the impugned judgment and order; however,
since, this Division has heard both the parties at length, this Division is
inclined to dispose of the civil petition for leave to appeal without
granting any leave to avoid further delay in disposing of the case. The
impugned judgment and order dated 24.08.2017 passed by the High Court
Division is set aside. .....Directorate of Primary Education, Dhaka =VS=
Rahima Akter, (Civil), 2023(2) [15 LM (AD) 145]
....View Full Judgment
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Directorate of Primary Education, Dhaka =VS= Rahima Akter |
15 LM (AD) 145 |